Relates to conditions for the disqualification for unemployment benefits of persons formerly employed by temporary employment services.
TITLE OF BILL: An act to amend the labor law, in relation to conditions for the disqualification for unemployment benefits of persons formerly employed by temporary employment services
PURPOSE: To provide that an employee of a temporary employment service shall be deemed to have voluntarily separated from employment if such individual does not contact the employment firm within five days for reassignment upon the completion of an assignment.
SUMMARY OF PROVISIONS: Amends Section 593 of the Labor Law to provide that an employee of a temporary employment service shall be deemed to have voluntarily separated from employment if such individual does not contact the employment firm within five days for reassignment upon the completion of an assignment. Failure to contact the temporary employment service shall not be deemed a voluntary separation unless the claimant has been advised of the obligation and that benefits may be denied for the failure to do so.
JUSTIFICATION: Individuals may end job assignments and not contact the temporary employment service that originally assigned the individual to a job. Such individual may be unaware of continuing job opportunities available through reassignment by the temporary employment service and subsequently file for unemployment insurance. This bill will ensure that there is communication between the temporary employment service and the individual in order to determine if there are any opportunities for reassignment.
LEGISLATIVE HISTORY: 2003-2004: S.2267 --- Referred to Labor 2005-2006: S.4165 -- Referred to Labor 2007-2008: S.542 -- Referred to Labor 2009-2010: S.4433 -- Referred to Labor
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1426 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to conditions for the disqualification for unemployment benefits of persons formerly employed by temporary employment services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 593 of the labor law is amended by adding a new subdivision 6 to read as follows: 6. (A) FOR THE PURPOSES OF THIS SECTION, "TEMPORARY EMPLOYMENT SERVICE" MEANS A FIRM THAT EMPLOYS EMPLOYEES AND ASSIGNS SUCH EMPLOYEES TO CLIENTS TO SUPPORT OR SUPPLEMENT THE WORK FORCE OF SUCH CLIENTS IN WORK SITUATIONS SUCH AS EMPLOYEE ABSENCES, TEMPORARY SKILLS SHORTAGES, SEASONAL WORKLOADS, AND SPECIAL ASSIGNMENTS AND PROJECTS. "TEMPORARY EMPLOYEE" MEANS AN EMPLOYEE ASSIGNED TO WORK FOR THE CLIENTS OF A TEMPO- RARY EMPLOYMENT SERVICE. (B) (I) AN EMPLOYEE OF A TEMPORARY EMPLOYMENT SERVICE SHALL BE DEEMED TO HAVE VOLUNTARILY SEPARATED FROM EMPLOYMENT IF SUCH EMPLOYEE DOES NOT CONTACT THE TEMPORARY EMPLOYMENT SERVICE FOR REASSIGNMENT WITHIN FIVE BUSINESS DAYS OF THE COMPLETION OF AN ASSIGNMENT. SUCH CONTACT SHALL BE MADE BY PERSONAL APPEARANCE OR BY TELEPHONE OR ELECTRONIC FACSIMILE; PROVIDED THAT SUCH CONTACT CAN BE VERIFIED. (II) FAILURE TO CONTACT THE TEMPORARY EMPLOYMENT SERVICE SHALL NOT BE DEEMED A VOLUNTARY SEPARATION FROM EMPLOYMENT UNLESS THE CLAIMANT HAS BEEN ADVISED OF THE OBLIGATION TO CONTACT SUCH SERVICE UPON COMPLETION OF ASSIGNMENTS AND THAT UNEMPLOYMENT BENEFITS MAY BE DENIED FOR FAILURE TO DO SO. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05301-01-1